
"One proposal is H.B. 1036, the Property Rights Through the Ballot Act. It would allow homeowners to vote on dissolving their HOA if 20% of residents sign a petition, with a simple majority deciding the outcome. The bill would also eliminate an HOA's power to foreclose, converting unpaid assessments into ordinary debt that could be pursued through lawsuits but not liens on a home. It would require open meetings and access to financial records while barring retaliation against homeowners who support a dissolution vote."
"The second measure is H.B. 1035, the Georgia Homeownership Protection Act of 2026, which would apply broadly to all homeowners. It would prohibit foreclosure for unpaid utility bills, HOA fees or other non-tax debts. Only unpaid property taxes or mortgage defaults could lead to foreclosure. Homeowners could sue over wrongful sales and recover damages, penalties and attorneys' fees. The state attorney general could fine violators up to $10,000."
"For George Watson, a 77-year-old Kennesaw resident, the debate is personal. Watson told local outlet WCSC last year that he's facing foreclosure after his HOA fined him for not pressure washing his home and for leaving a bucket of water and a ladder outside. The HOA accumulated more than $9,000 in fines and legal fees against Watson, who lives on about $20,000 a year in Social Security income."
Under current Georgia law, an HOA may foreclose when a homeowner owes more than $2,000. Fines can arise from minor violations like failure to pressure wash, leaning mailboxes, faded shutters, or overgrown grass. Georgia lacks comprehensive statewide oversight or a regulating agency for HOAs. Two bills propose reforms: H.B. 1036 would allow homeowners to petition to dissolve an HOA, eliminate HOA foreclosure power, and require open meetings and financial access while prohibiting retaliation. H.B. 1035 would bar foreclosure for unpaid utilities, HOA fees, or other non-tax debts, limit foreclosure to unpaid taxes or mortgage defaults, and permit damages and fines.
Read at www.housingwire.com
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